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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 540   View pdf image
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540

       hath been duely proved to us in our said Court that the said Tho.s
       Tracy has absconded and cannot be found to have the Process of our
       said Court served upon him in Order to compell him (as in Justice
       and Equity he ought) to joyne with the s.d Susannah his Wife in
       the Execution of the s.d Deed to the said James and forasmuch as we
       are througly satisfied that the Inheritance and Fee Simple of the said
       remaining part of the s.d Tract called Pascalls Purchase is in the said
       Susannah in her own Right and that upon the whole matter it appears
       unto us to be but very just reasonable and consonant to the Rules of Equity
       and good Conscience the Circumstances of the Case duely considered that the
       said Susannahs Deed to the said James of the said Remaining part of the said Tract
       called Pascalls Purchase be confirmed by the Decree of our said Court  We doe
       therefore hereby order adjudge determin and decree (the s.d James the Complainant
       Conveying unto the s.d Willson as much of his own Lands as will make up the
       said Willsons forty Eighty five Acres and thereby securing the said Susannah
       and her heirs from the Warranty by her Entred into to the s.d Willson & likewise
       paying unto the s.d Susannah the s.d Quantity of Three Thousand pounds of Tob.o
       that the s.d Deed of the said Susannahs to the s.d james Heath the Complt be
       and stand Confirmed Ratified and held for Good and valid in Law and as effectuall
       to all Intents and Purposes as if Executed by the s.d Tracy in Conjunction with the
       said Susannah his Wife and that the same be held reputed and taken for a firm
       settlement of the Fee Simple of the s.d remaining part of pascalls purchase
       therein Specified in the said James the Comp.lt his Heirs and Assignes for ever  And
       further Confirmation of this the Decree of our said high Court of Chancery We do
       hereby order adjudge and decree that in case hereafter the said Thomas Tracy
       should return and appear in this our Province he imediately upon sight
       hereof Execute on his part the said Deed to the said James the Com.plt and in the
       mean time that the s.d Deed be taken received deemed and adjudged in all
       our Courts and before all our Judges Justices and Magistrates to be of as full
       Force Vertue and Validity to all Intents Constructions and Purposes as if actually
       sealed and delivered by the said Thomas Tracy as well as the said Susannah
       his Wife Wittness our Self and given under our great Seal of our
                                                                                                       (said


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Chancery Court, Chancery Record, 1671-1712
Volume 748, Page 540   View pdf image
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